Whitehouse wiretap smear: GCHQ has reaped what it has sown

When institutions abuse the trust placed in them, they become brittle and expose themselves to conspiracy theorists and demagogues

One thing I like to do on this blog is note the small and less spectacular effects of human rights violations on our democracy.

Too often, when we discuss government wrong-doing, or some power-grabbing piece of legislation, we speak in grand terms about how it could lead to the breakdown of democracy and the onset of totalitarianism. We always talk about the end state—Nineteen Eighty-Four, usually—which conveys the implicit message that the way-points in that journey are not terrible in-and-of themselves. Continue reading “Whitehouse wiretap smear: GCHQ has reaped what it has sown”

Marshall’s Faith in the Rule of Law, and Snyder’s Guide to Resisting the Erosion of Democracy

Since my ramble last week about the different ways in which Donald Trump could break America, I have been drawn to articles which seem to be saying the same thing, only better.

Ian Millhiser’s piece ‘Democrats will botch The resistance against Trump‘ is an good example. He catalogues the ways in which democracy itself might be undermined by a president and a ruling party intent on consolidating their power. Millhiser also notes the terrible conundrum liberals face, which is that ahrence to the Rule of Law can often award power to those who are eager to undermine the Rule of Law!

We have brought a sheet of parchment and a set of abstract principles to a knife fight. We’re going to get cut.

The pedant in me wants to point out that it’s also possible to get cut by paper… but the point is important.  The article also cites the example of Thurgood Marshall, the first black justice appointed to the Supreme Court of the United States, who made the point that adherence to rules is crucial.

Justice Marshall taught Kagan that “it was the very existence of rules — along with the judiciary’s felt obligation to adhere to them — that best protected unpopular parties.” A liberal who casts aside the rule of law today because the cause seems just will have no ground to stand on tomorrow when the strong arm of the state is brought to bear against them.

Millhiser also links to an important post by historian Timothy Snyder, setting out a 20-point guide to defending democracy against a Trump presidency.  The list sets out the ways in which democracy can be eroded and how dictators gather power to themselves. More importantly, it also offers ways to resist.  We need to be mindful of the way politicians try to bend language and redefine what words mean (see, for example, how Republicans will try to claim a ‘mandate’ when they have none). And we should be particularly savvy and calm when some kind of terrorist atrocity occurs, as one inevitably will. 

Those in the legal profession and in law enforcement have a particular rôle to play.  Judges, lawyers and gun-carrying police officers need a strong sense of professional ethics and have faith in those principles.  

One practical thing the rest of we can and should do now is to draw attention to the different kinds of Every Day Resistance that Snyder suggests. A large part of the task is a mental one: refusing to buy in to the framing that powerful people seek to impose on any given situation.  It is a also a challenge of communication: using the platforms at our disposal to push back against shoddy thinking in the media and against the lazy non sequuntur of those in power, even if the stakes seem relatively small (that’s something I try to do with this blog).  Happily, modern technology has made us well equipped to do this.  There has been much chat recently about how social media puts us inside an opinion ‘bubble’, but remain optimistic that it can also fortify us against the mental trickery that demagogues and propagandists would play upon us, and embolden everyone to resist at moments when they must. 

Trying To Taxonomize Trump’s Terribleness

Some of his flaws are a threat to the people, and some of his flaws are a threat to the Republic. Americans must learn to tell the difference.

As even his supporters and those who voted for him know, President-Elect Donald Trump has many flaws. The election is still a recent event, and so we still consider each of these flaws as reasons why someone might decline to vote for him. Everything is mentally catalogued simply as Reasons Why He Should Not Be President.

However, now he is going to be president (I don’t think the recounts will stop this from happening) I think it is worth sketching out a slightly better taxonomy of the Terrible Things About Trump, because the different types of awfulness and wrong-doing he exhibits have different implications for politics and the country. America is the oldest modern democracy and the exemplar for the rest of the world, so what happens in the USA concerns the rest of the planet too. Continue reading “Trying To Taxonomize Trump’s Terribleness”

Brexit Plus Plus? Here’s What Happen’s Next, America

Americans would do well to remember that the surprise ‘Leave’ vote in the UK on 23 June was not the culmination of a chaotic political period, but the beginning of one.

The day before the U.S. presidential election, Donald Trump declared that the result would be poll-defying “Brexit Plus Plus” election upset.

He was sort of right, in that he pulled off a surprise electoral college victory (although, since Hillary Clinton won the popular vote Mr Trump’s ‘plus plus’ suffix might be said to be inaccurate).

Americans would do well to remember that the surprise ‘Leave’ vote in the UK on 23 June was not the culmination of a chaotic political period, but the beginning of one.   Continue reading “Brexit Plus Plus? Here’s What Happen’s Next, America”

The Disgraceful Behaviour of the Senate on the Supreme Court Opening

The incredible gravity of the U.S. Presidential election pulled all of our attention towards Donald Trump and his scandalous behaviour.  His unexpected victory will have us reeling for weeks to come. His forthcoming presidency will probably be a permenant distraction. Just as his presidential primary rivals failed to get their message across, so other pressing issues will surely be crowded out by a general obsession and fascination with Mr Trump.

Here is one such issue that has not received the attention it deserves: the Republican-controlled Senate’s refusal to confirm, or even hold hearings on Merrick Garland, President Barack Obama’s choice for the United States Supreme Court.
Continue reading “The Disgraceful Behaviour of the Senate on the Supreme Court Opening”

Clinton Will Probably Win The Popular Vote. What Should That Tell Us?

It is a symbolic victory, but still important

This morning I’ve kept my eye on a particular part of a particular web page: the New York Times popular voite forecast.  As I type, it is showing a narrow win for Hillary Clinton, and she is ahead in actual reported votes by 0.1%, which is about 135,000 votes out of 118 million cast.

popular vote margin
The New York Time projection of the popular vote margin, as of 9 November 2016, 13:20 UTC

Remember that there are about 241 million people of voting age in the USA, and 59 million of them voted for Donald Trump.  That means that less than a quarter of all Americans pro-actively voted for someone with insular and openly racist policies and a demonstrably sexist character. Continue reading “Clinton Will Probably Win The Popular Vote. What Should That Tell Us?”

I Admire the American Political System

Recent events elsewhere in the world have made me particularly appreciate the American system.

The 2016 US Election has been, as they would say, a ‘dumpster fire’.  The media have graded one candidate on a curve, and the discussion has been almost entirely about personalities. There does not appear to have been any sustained news cycle dedicated to policy.  Indeed, even the discussion of actual policies in the debates was atrocious.

It’s clear that the country is incredibly polarised. Nevertheless, I still admire the American political system.

One silver-lining of the Trump candidacy is that there has been plenty of discussion about the US system. I don’t mean admiration for the electoral college (although I’ve heard some good arguments for its retention recently) but more simply and fundamentally, the fact that everything is subordinate to the Rule of Law, and a Constitution which places and incredibly strong emphasis of individual rights and protections against government over-reach.

This may seem like a statement of the obvious, but recent events elsewhere in the world have made me particularly appreciate the American approach.
Continue reading “I Admire the American Political System”

Why Hillary Clinton Will Win

There is an implication that Clinton is not winning on her own merits but because The Donald has thrown the election. Even as she prepares to become the first woman president, Hillary Clinton is still the victim of sexism

Despite having written very little on this blog about the United States Presidential election, I’ve been following it closely.  My main source of news and commentary has been podcasts: The FiveThirtyEight weekly round-up in particular.  But I’ve been reading mainstream news sites and blog commentary too.

Even as she makes history as the first woman to run for president, and even as she prepares to become the first woman to take the office, Hillary Clinton is still the victim of sexism.  Most analyses attribute her lead to the to the failings of her opponent: Donald Trump is egotistical, misogynist, racist.  He is under-prepared and has led a shambolic campaign. There is an implication that Clinton—a historically unpopular candidate—is not winning on her own merits but because The Donald has thrown the election to her.  In another year (so goes the argument), against another candidate, she would lose. Continue reading “Why Hillary Clinton Will Win”

Quoted in Heat Street on Social Media Prosecutions

Free speech must always include the right to offend.

The Crown Prosecution Service have updated their guidelines for when someone should be prosecuted for something posted to social media.  I spoke to Kieran Corcoran of Heat Street about how the UK laws governing social media really need to be updated:

Robert Sharp, a spokesman for free speech campaigners English PEN, also commented, telling us: “Free speech must always include the right to offend.

“The law already bans abusive, harassing or threatening messages, which is surely adequate to stop the worst social media trolls.

“The words ‘grossly offensive’ are highly subjective and introduce ambiguity into the the law. This in turn chills free speech.

“Parliament should legislate to remove these words from the Communications Act, just as it removed similar wording from the Public Order Act in 2014.

“Other countries look to the UK on free speech issues – criminalising causing offence sets a poor international example.”

The CPS has tried to head off criticism of its new laws by advising prosecutors to exercise “considerable caution” in their decision-making to avoid “a chilling effect on free speech”.

The Public Order Act amendment I mentioned was a tweak to section 5.  See the Reform Section 5 website for more details.

I Made A Freedom of Information Request About Revenge Porn Prosecutions, and What I Learned Will Be Mildly Diverting If You’re Interested in This Sort of Thing

The CPS doesn’t keep track of the gender of victims in revenge porn prosecutions. Additional statistics for social media prosecutions are now essential.

Last month, the Crown Prosecution Service (CPS) published a report on Violence Against Women.  It received significant pick-up in the media due to the high number of revenge porn prosecutions that have been brought since a new law was introduced.

I made a Freedom of Information request to the CPS, to ask whether they could tell me how many of the victims in the cases they prosecuted were women. I assumed they would have this information to hand.

I received a reply to my request today. It turns out that they do not keep track of that information Continue reading “I Made A Freedom of Information Request About Revenge Porn Prosecutions, and What I Learned Will Be Mildly Diverting If You’re Interested in This Sort of Thing”